4th ammendment violated on an illegal search

[rreyes]

Jurisdiction

California

Can I sue for damages I spent 9 mos in jail fighting the case legal fees,towing,I was evicted from my house, my vehicle was repossessed,and all my bills are in collection I was arrested for possession and transportation of a controlled substance. All charges were dismissed and evidence suppressed due to an illegal search and seizure.

 

[adjusterjack]

Obviously, you CAN sue but whether you can win is anybody's guess.

And when you sue a government entity there is usually a significant amount of immunity from lawsuits that the government has, especially in the criminal justice system.

You would also have to bring your claim in a limited amount of time under the state's Tort Claim Act. If you miss the deadline and fail to follow the proper procedure you'll be forever barred from pursuing your claim.

I suggest you consult an attorney ASAP and review your options.

 

[army judge]

Can I sue for damages I spent 9 mos in jail fighting the case legal fees,towing,I was evicted from my house, my vehicle was repossessed,and all my bills are in collection I was arrested for possession and transportation of a controlled substance. All charges were dismissed and evidence suppressed due to an illegal search and seizure.

When you discussed THIS with your defense attorney, what did he or she suggest?

By the way, when you sue civilly, if that's what you eventually decidedly do; don't expect the evidence items that got tossed because of the illegal search to receive the same result in federal or state court.

 

[rreyes]

Obviously, you CAN sue but whether you can win is anybody's guess.

And when you sue a government entity there is usually a significant amount of immunity from lawsuits that the government has, especially in the criminal justice system.

You would also have to bring your claim in a limited amount of time under the state's Tort Claim Act. If you miss the deadline and fail to follow the proper procedure you'll be forever barred from pursuing your claim.

I suggest you consult an attorney ASAP and review your options.

What type of attorney would I consult

 

[rreyes]

When you discussed THIS with your defense attorney, what did he or she suggest?

By the way, when you sue civilly, if that's what you eventually decidedly do; don't expect the evidence items that got tossed because of the illegal search to receive the same result in federal or state court.

My defense attorney suggests I move out of the area and not even ask for my property the police still have like license plates and keys to the vehicle

 

[army judge]

My defense attorney suggests I move out of the area and not even ask for my property the police still have like license plates and keys to the vehicle

Your attorney gave you great advice.

You never beat the man.

Yeah, you can slap him around, but you don't beat him.

The man controls everything.

You've had a target painted on your back.

Getting out of Dodge was what the cowboys did back in the day.